April 8, 2012

Kangaroo Courts and the Health Racket Mandate (Reprise)

(This is an edited re-post of an earlier piece. I thought that in light of the looming “decision” on the health racket mandate by the supremely corporatist court, it might be useful to revisit the nature of this corporatist jurisprudence.)
A federal judge has given the first adverse ruling against one of the many lawsuits declaring Obama’s health racket Mandate unconstitutional. The ruling demonstrates the “logic” of a corporatist ideologue and how he views the Constitution. A corporatist assumes as the god-given order of things that the purpose of America is to be mined by powerful corporate interests. He then views the Constitution as purely instrumental toward this goal. As we’ll see, this judge views the artificial, ideologically fabricated and imposed “market” as sacrosanct and beyond the Constitution’s purview. He views the written Constitution, and by extension the sovereign people’s inherent constitution, as subordinate to the corporate imperative. This is the essence of corporatist ideology. It views sovereignty itself as reposing in corporations, not the people. The constitution is only the corporate constitution. The written Constitution is therefore the servant of corporations.
A judge like this might even try to argue that the fact that the Constitution never once mentions the word “corporation” is proof of his thesis that corporations are not below the Constitution, but above it. At any rate he’d argue that the absence of such specification gives him license to interpret things that way.
The human truth is the exact opposite. Society exists in the first place only of, by, and for human beings. Sovereignty reposes only in the people. The constitution can never be anything but of and for the political health of the people. The written Constitution can be legitimately interpreted only toward this human imperative. Corporations have no right to exist at all, and certainly have no right to act against the people. Wherever they do, any government has an affirmative obligation to smash them. Where it fails to do so, let alone where it actively supports corporate organized crime, it abandons all sovereignty, legitimacy, and authority. The people then have the right and obligation to repudiate the system, smash the criminals themselves, and redeem society on a human basis.
Let’s go to the case. The suit claims the health racket bailout in general, and in particular the racket Mandate, violates the Commerce Clause, the 5th and 10th amendments, the Free Exercise of religion*, and that it’s an unconstitutional tax. The decision rejects the demand for a preliminary injunction and throws the case out completely. The decision focuses on rejecting the Commerce claim, also rejects part of the tax claim, and declares it doesn’t need to reach another part.
In the so-called “factual background” the judge launches right into the propaganda. He intones:

The Health Care Reform Act seeks to reduce the number of uninsured Americans
and the escalating costs they impose on the health care system.
(p. 2)

and follows with a series of details. This is standard political fraud from the bench. As a matter of dogma, the judge is supposed to assume the legislature is a public servant and not a criminal cabal. So the court’s default is to aid and abet organized crime in the legislature. At the very least, even if the court is going to strike down an act (because of some ideological squabble among elites, not because the act is against the people), it still engages in this pretense of legislative good faith. That’s SCOTUS dogma going back a long way. (Anyone who follows the corporate media is familiar with the how it’s their established practice to report as fact the self-proclaimed intentions and mindset of elites, especially political elites. The courts have the same practice.)
Everywhere else judges are supposed to infer motives from actions. Why is that reversed here, and the dogmatically assumed motive is used tendentiously to interpret the action? It’s because here the system is functioning as an integrated machine. Elsewhere it’s the system against the people or individuals, so there the interpretive dynamic is reversed.
So here this judge proclaims that the Mandate is “integral to the legislative effort”, but everything he claims about what that effort is, and the constitutionality of the effort itself, is a lie. The Mandate is indeed integral to the effort, but the effort’s intention and goal is the opposite of Congressional and judicial lies. The effort isn’t to ensure better health care for more people at lower cost. A Congress which wanted to do that would’ve instituted Single Payer. Period.
The effort is to bail out the parasitic insurance rackets, who already have an institutionalized anti-competitive monopoly, by absolving them of having to compete with non-participation as well. That’s the one and only objective of Obamacare.
The decision moves quickly (p. 3) to bashing alleged deadbeats, the mythical free riders at the ER. But the entire premise of “the legislative effort” is to bail out a tremendous but politically powerful deadbeat and parasite, the insurance racket. So right at the outset we can see the judge’s bad faith. It’s not possible to be concerned about free riders but still support this deadbeat bailout bill. So on its face anyone who supports the bill (or finds it constitutional) but claims to be concerned about free riders is lying. Again, if Congress had been concerned about free riders, it would have enacted Single Payer instead of bailing out the insurance parasite. So on its face the judge’s entire rationale regarding the legislative intent is invalid.
We also have the moral fact that anyone amid a system based on organized corruption, legalized fraud, and massive robbery in the form of corporate welfare who would ever make a top-down anti-deadbeat argument must be a vile immoral criminal himself. It’s not possible to face such monumental system crime and still say the individual deadbeat is just as bad, or to bother with him at all. And then there’s the fact that the vast majority of individuals in that position are not deadbeats at all, but the victims of an aggressive kleptocracy which has mugged them into poverty.
As I said, this proves the judge is corrupt and acts in moral bad faith, so his “legal” reasoning must be judged from that point of view.
He has the haughty nerve to claim that it’s individuals, mugging victims who show up at the ER, who are “shifting costs onto third parties”. But the fact is that we the people ARE the victimized “third party” here, while the rackets and their bought politicians and judges are the only market “participants”, the only “stakeholders”, as their own flunkies would concede.
In a gesture of noblesse oblige the judge grants that the plaintiffs had standing to sue (p. 4). (But not before a lecture on the monetization of standing, how as far as the courts are concerned the only measure of citizenship is property, and the only measure of values or injury to those values is a monetary injury. This filthy doctrine must always be enforced. As usual, the first priority is to deny true citizen access to the law.)
The judge, as a petty crook aping a benevolent despot, magnanimously grants that a person without much money may already be feeling trepidation over the Mandate and acting accordingly, so standing is granted. The whole passage is sickening. The judge’s hypocritical, bloodless, wonkish, trickle-down “generosity” is even more repulsive than open, naked greed. How could any decent person even discuss this without outrage over the fact that those already suffering from the depredations of finance and insurance sector gangsters are, by the judge’s own admission*, to be made to suffer even more in order to pay yet further extortion to the most worthless and repellant criminals afflicting us today?
[*P. 8: “..the injury-in-fact in this case is the present financial pressure experienced by plaintiffs due to the requirements of the Individual Mandate.”
This pressure is being put on by already-rich robbers who want to steal even more, and helping them commit this further robbery is the one and only intent and goal of this bill. That’s the vision of “civilization” and “law” this judge seeks to uphold.]
We get to the Commerce Clause. Here’s the first time I’ve come across the Orwellian name for the Mandate: the “Shared Responsibility Payment” (p.11). Deciphering the totalitarian code: It’s the Full Responsibility of those who do all the work to hand over almost all they produce as extortion Payment to wealthy parasites who have and assume Zero Responsibility.
The judge is honest about this much: The Mandate is regulation of “inactivity, or a person’s mere existence within our Nation’s boundaries.” He admits it’s a poll tax.

The crux of plaintiffs’ argument is that the federal government has never attempted
to regulate inactivity, or a person’s mere existence within our Nation’s boundaries, under
the auspices of the Commerce Clause. It is plaintiffs’ position that if the Act is found
constitutional, the Commerce Clause would provide Congress with the authority to regulate
every aspect of our lives, including our choice to refrain from acting.

The decision says this case involves the third aspect of Interstate Commerce – “those activities that substantially affect interstate commerce.” Since that’s as vague as can be, and since by the reasoning here it can apply to literally anything the system wants it to, the judge confirms what we who oppose the Mandate always said. This Mandate is not only a crime in itself but a totalitarian precedent. If it goes through it can serve as the template for mandates to buy literally anything the system wants to force upon us.

The Supreme Court has expanded the reach of the Commerce Clause to reach
purely local, non-commercial activity, simply because it is an integral part of a broader
statutory scheme that permissibly regulates interstate commerce. Two cases, decided
sixty years apart, demonstrate the breadth of the Commerce power and the deference
accorded Congress’s judgments. (p. 12)

The decision discusses two highly disputed cases, Wickard v. Filburn and Gonzales v. Reich, as alleged precedents. With seeming lack of awareness of the ideological biases involved, in his own case and that of SCOTUS judges, he trumpets the striking down of anti-gun and anti-domestic violence laws as the SCOTUS philosophically “placing limits” on Congress.
Um, no. The judges on the court majorities simply support gun rights but don’t support marijuana rights, and don’t care about domestic violence. That’s the one and only difference which went into these decisions – how the subject of each case squared with their non-judicial ideology. The judicial ideology almost without exception is servant to the political ideology. Scalia’s anti-federalist vote in Gonzales was a spotlight example of how fraudulent his ideological pretensions are. He simply doesn’t like marijuana, period.
The decision admits the novelty of the case.

Plaintiffs in the present case focus on the common fact that each
of the regulations that survived Supreme Court scrutiny under the Commerce Clause
regulated an economic “activity,” as opposed to the “inactivity” they have demonstrated by
merely existing and not purchasing health care insurance. The Supreme Court has always
required an economic or commercial component in order to uphold an act under the
Commerce Clause. The Court has never needed to address the activity/inactivity
distinction advanced by plaintiffs because in every Commerce Clause case presented thus
far, there has been some sort of activity. (p.15)

To get around this the judge engages in what he himself calls “mental gymnastics”, and more fraudulent divination of Congressional intent.
Now we get to the core of obscenity:

The health care market is unlike other markets. No one can guarantee his or her
health, or ensure that he or she will never participate in the health care market. Indeed, the
opposite is nearly always true. The question is how participants in the health care market
pay for medical expenses – through insurance, or through an attempt to pay out of pocket
with a backstop of uncompensated care funded by third parties. This phenomenon of costshifting
is what makes the health care market unique.
(p. 16)

Think about that sentence, the two allegedly equivalent and interlinked propositions:
“No one can guarantee health..” That’s self-evident.
“…or ensure that he or she will never participate in the health care market.”
What? We could ensure we don’t have to participate in a criminal market by getting rid of it. We could, for example, institute Single Payer, which would cost far less, provide far more care far more efficiently, and would even solve that alleged individual free rider issue the likes of the judge claim to have such a fetish about. It would not be a moral affront to the people, as it would eradicate the free riding parasite rackets. We’d be free of their depredations and extortions.
But the decision depicts this “market” as a law of the universe. It would be hard to imagine a more grotesque example of begging the question. I don’t know if the conservative plaintiffs themselves care, but in the case of we who reject the Mandate on citizenship grounds, we reject any constitutional basis for the entire system based on private health “insurance”. We didn’t try to sue over it before (and of course we would have lacked “standing”), so long as we had the option of non-participation.
But now we’re going to have to sue against this Mandate. But when we declare* the Mandate unconstitutional, we’re saying that’s the most aggressive unconstitutional manifestation of an extra-constitutional, outlaw system.
[* And we as citizens do declare it so. We do not beg a court to do so for us. We demand that if the courts really do serve the people, they’ll ratify what we the people already know and declare.
Since the prospect that these suits will do the trick is dubious, we need to start preparing for citizen disobedience and resistance.]
So the judge’s rationale is non-responsive. (The fact that “the health care market is unlike other markets” is also proof that private health insurance itself is a conceptual and moral absurdity.) Especially as he moves on to a series of flippant absurdities.

As inseparable and integral members of the health care services market, plaintiffs have made a choice regarding the method of payment for the services they expect to receive. The government makes the apropos analogy of paying by credit card rather than by check.
(p. 17)

We are NOT “members of this market”. This market is an alien assault being artificially inflicted upon us. The “market” has absolutely nothing to do with health care. The two are completely separable and separated. Paying by “..credit card or check…” – when of course the real issue centers on the fact that it’s a mugger demanding this payment in the first place.

Similarly, plaintiffs in this case are participants in the
health care services market. They are not outside the market. While plaintiffs describe the
Commerce Clause power as reaching economic activity, the government’s characterization
of the Commerce Clause reaching economic decisions is more accurate.

We are NOT “participants”. We ARE “outside the market”. We are disenfranchised, coercively indentured subjects of this “market”. Victims.
What level of depravity does it take for someone to not only ignore the one fact of the case, but to turn around and accuse the victim of that very crime? What can decent people do with a criminal like that?
Now he comes to his decision, and his ultimate lie:

The Act regulates a broader interstate market in health care services. This is not
a market created by Congress, it is one created by the fundamental need for health care
and the necessity of paying for such services received. The provision at issue addresses
cost-shifting in those markets and operates as an essential part of a comprehensive
regulatory scheme. The uninsured, like plaintiffs, benefit from the “guaranteed issue”
provision in the Act, which enables them to become insured even when they are already
sick. This benefit makes imposing the minimum coverage provision appropriate. (p. 18)

This is incontrovertibly a market created by Congress. On its face that’s a clear fact. The bill’s very purpose is to bail out the rackets who, even though they have an anti-trust exemption (another creation of Congress), and can therefore quash innovation and competition, are increasingly unable to compete with non-participation, which more and more Americans are rationally choosing, as is their constitutional right as citizens. The purpose of this bill is to eliminate this competition as well. The purpose of this decision is to eliminate our constitutional rights.
And once again, what we must always remember immediately, every time we hear anyone like this judge say a word about “shifting costs”, “third parties”, free riding, or any other “deadbeat” language, is the obscene fact that this “market” exists at all for one reason only. It’s to enable the parasitic extortions and extractions of this insurance racket which is indeed a third party to us all, which does nothing but shift costs to us all, free ride upon us all. That’s the one and only reason the bill exists at all. That’s the one and only reason this decision was made the way it was.
Every word of it is a crime against the Constitution, just like the bill itself. We are under the thumb of stateless, lawless, anti-sovereign predators. This Mandate is a major step forward for their criminal regime. As this incident makes clear, we cannot rely on the courts to help us uphold our constitution. We must do that ourselves.


  1. What is interesting to watch in France is the gradual erosion of any sense of citizenship in the obligation to pay taxes in order to finance the State, and redistribution of income, for example. Idolatry of money oblige.
    Post 1945, many people were not protesting handing over large chunks of their income to the State.. in exchange for infrastructure, services, etc.
    There were, of course, a few people, the same ones who always had, and will always have a Swiss bank account, for example.
    But I’m willing to bet that there were fewer of them in 1945 than there are now, for less income, too.
    The idea(l) of the State has suffered.
    We no longer believe in any kind of collective effort, anyway. Not on a national scale.
    It is interesting to note that, as I like to remind people, Louis XV hired that preindustrial thug, Vaucanson, to develop automisation to break the existing… CORPORATIONS in France in the silk TRADE, hastening the arrival of the industrial revolution in France.
    He contributed to destroying the savoir faire, and the specialization of the silk weaver, and opened up the way for the modern engineer, and the modern.. PEON, or unskilled laborer, too. Very.. hierarchical, that system, right ? Brought about with the best of intentions, in part : democratization. More luxury stuff for more people (the bourgeoisie).
    I don’t know why you think that single payer is Nirvana… have you done your homework on single payer systems ?
    France’s system, up until 15 years ago was one of the best ; it was very mutualized, but not single payer, and it worked very well… when there were enough working people to finance it…
    As for the law, and “justice”… I like to quote “The Merchant” whenever possible. The trial scene. The quintessence of equivocation.
    Shylock who says… “My deeds upon my head ; I will have ALL JUSTICE, and nothing but the law.”
    The law is a whore.
    What am I saying ?? That is an insult to whores. The law is worse than a whore…
    Gotta be careful what you believe in.. and where you give.. CREDIT.
    You can make the law say (almost ?) anything and everything… no getting around interpretation…
    And there will always be another law somewhere that says the opposite of the one that you are quoting…

    Comment by Debra — April 8, 2012 @ 11:47 am

    • The law is worse than a whore…
      You can make the law say (almost ?) anything and everything… no getting around interpretation…
      And there will always be another law somewhere that says the opposite of the one that you are quoting…

      That’s right. Intentionally chaotic jurisdiction (the FDA has jurisdiction over food and drugs, the EPA has it over herbicides and pesticides, so by design no one has it over the integrated glyphosate-GMO product or the integrated Bt product) and bureaucracies with schizophrenic missions (the USDA is typical in purporting to both regulate and promote the agricultural sector) serve the same purpose.

      Comment by Russ — April 9, 2012 @ 4:23 am

  2. Russ,

    You might find this blog of interest: http://imagininghistory.blogspot.com/

    His focus is the interplay of economics and the labor law throughout the history of the U.S.

    Comment by Tao Jonesing — April 8, 2012 @ 3:46 pm

    • Thanks Tao. That’s an interesting blog. I read the last few posts. I was starting to say he’s mistaken when he calls labor economists “wrong” as opposed to being ideological liars, but then his final sentence indicated he already knows that. The post also put me in mind of how employers and their overseers could legally inflict corporal punishment on workers well into the 19th century. Then the next post referred to a similar practice, corporal punishment of de jure slaves in the South.

      Comment by Russ — April 9, 2012 @ 4:17 am

  3. Brilliant commentary. Let’s not forget how many more people big pharma may get to addict with psychotropic drugs. Although, it’s hard to believe that the pushers in lab coats can do more harm than they are already doing. I know someone whose wife owns one/tenth of a small pharmacy. She receives about $150,000 a year for her ownership. Her husband delivers the psychotropic drugs to the hood. The drug buyers are on Medicaid and pay $1.15 per prescription, and usually get two or three different prescriptions. The prescription drug secondary retail market is strong.

    Comment by black swan — April 9, 2012 @ 8:06 pm

    • Yes, there’s that too. Any direction you look it’s the same thing.

      Comment by Russ — April 10, 2012 @ 7:07 am

  4. Is Obamacare designed to protect “medical professionals” from being cheated into the poorhouse? Gee, last time I looked doctors, etc. seem to be doing pretty well financially, while their patients often end up with huge debts.

    Well, I can just see the future fruits of this. Just kill off the sick people who can’t pay for insurance.

    Comment by DualPersonality — April 26, 2012 @ 12:25 am

    • Hi DP,

      Its main beneficiaries:

      1. It’s first and foremost a bailout for the health insurance rackets, whose entire “business model” doesn’t work (since the whole premise of pooling risk doesn’t work for health care) and is increasingly being rejected by rational people. The Obama Poll Tax is designed to be direct wealth redistribution from non-rich individuals to these corporations.

      2. The other main beneficiary is Big Drug, whose prerogatives are fully protected and further entrenched.

      3. More generally, it’s meant to help employers to drop their health insurance responsibilities completely. It provides a political pretext for doing so, and indeed penalizes employers who have negotiated union contracts which provide decent benefits (these were demonized by Obama as “cadillac plans”; so we see how Obamacare is also a union-busting policy). The goal is to liquidate all system responsibility and cost-sharing, and drive the 99% as atomized individuals into the “market” for individual policies.

      By contrast, doctors, although still doing OK, are increasingly in the position of contract farmers. They’ll be squeezed more and more, as the rackets extract more and more of every health care dollar, while the doctors become less and less able to extract anything from the already-bled-dry individual. In general, the liquidation of the professionals is beginning, and in some sectors like IT is already well advanced.

      As for the 99%, you already know the system’s viewpoint.

      “If you’re not rich, don’t get sick. If you do get sick, then die.”

      Comment by Russ — April 26, 2012 @ 6:30 am

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